Grygorieva V. Law regime of court decision in economic proceeding

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U003578

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

26-06-2009

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Object of research: the public relations which are folded in connection with realization of the economic legal proceeding. The purpose of research: it's in development and ground of scientific positions and suggestions on the improvement of the legal mode of decision of economic court on the basis of complex analysis of domestic and foreign legislation and practice of his application. The methods of research: historical-right, logical, analytical, system-structural, methods of analysis and synthesis, comparison and contrasting. Theoretical and practical meaning: a legislation and judicial practice is analyzed on questions of decision-making by an economic court Ukraine, that allows to draw on results directly in the process of decision-making by economic courts. The aggregate of the conducted research is filled by a certain blank in theoretical basis of legal principles of public relations at defense of rights for a management subject by acceptance of legal and grounded decision an economic court, and also separate suggestions are done on making alteration in the Economic code of practice. Positions of dissertation were utilized in-process the Appeal court of the Donetsk area at the decision of disputes, in-process the Economic court of the Donetsk area at making a decision on problem questions, in-process the Advocate association of the "Priazovskoy college of advocates" at defense of interests of management subjects in courts. The results use in an educational process at teaching of discipline the "Economic judicial right" on the economic right faculty of the Mariupol state humanitarian university of MON of Ukraine, that is instrumental in the increase of efficiency of educational process. Scientific novelty: it's investigational and generalized historical development and becoming of the legal mode of court decision, his division into periods is given. Determination of the legal mode of decision as difficult and complex concepts is offered, research of essence of decision of economic court and his signs is conducted, certain and systematized requirements which are pulled out to the decision of economic court. A conclusion is grounded about the necessity of confession of decision-making by the independent stage of economic process, which consists of the followings gradually logical actions of court. The concept of legal force of decision of economic court is specified, in a context what such questions, as limits of legal force, formal and financial sides and properties of legal force, are considered. Basic directions of improvement of judicial legislation are offered in decision of economic court. Sphere of the use: subjects of initiation of bill; the courts at the decision of disputes; the higher educational institutions.

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